Department for Transport

Railways: Overcrowding

lord birt: To ask Her Majesty's Government, further to the Written Answer byBaroness Sugg on 4 December 2017 (HL3345), whether they are satisfied that train franchisees match capacity to need when football and other sports fans are travelling to and from matches.

baroness sugg: The Department for Transport requires franchisees to plan for special events and make the best use of the capacity available to provide services where they would not ordinarily be provided in the regular timetable. In planning for this requirement, this must be balanced with other passenger demand on the network. Special events include, but are not limited to, football and other sporting events.

Cycleways: West Yorkshire

lord greaves: To ask Her Majesty's Government what discussions they have had, or propose to have, with (1)local authorities, and (2) other interested parties concerning completion of a cycle route along the former railway line between Halifax, Bradford and Keighley, particularly in the vicinity of, and through, the Queensbury Tunnel; and whether they intend to instruct Historical Railways Estate not to take any action which would prevent the restoration and use of Queensbury Tunnel for such a purpose until the completion of a full assessment of the tunnel's condition, economic potential, connectivity challenges, and associated asset management issues.

baroness sugg: The Department for Transport has appointed a firm of consultant chartered surveyors to assess the future of the tunnel. The terms of reference of the consultant appointment include discussing with the local authority a possible transfer to them. Pending receipt of that report no firm conclusion concerning the tunnel has yet been made by the Department. However Highways England, who maintain the tunnel on behalf of the Department, reserve the right to take such action as is, in their professional view, necessary on the grounds of public safety.

London-Brighton Railway Line: Fares

lord myners: To ask Her Majesty's Government whether they intend to review the impact of rail price increases on the employment and real incomes of those who commute to London by train from Brighton.

baroness sugg: The Government understands the concern about the cost of some rail fares and the impact that this can have on people’s budgets. That is why the Government has ensured that regulated rail fares have, since 2014, risen no faster than RPI inflation. We, of course, continue to monitor our rail fares policies closely and keep them under review.

East Coast Rail Franchise

lord myners: To ask Her Majesty's Government whether (1) Stagecoach, and (2) Virgin Railways, (a) are obliged, and (b) have committed, to make any payment to HM Government to cover losses that those companies would have incurred under the contract for the East Coast rail franchise.

baroness sugg: As with all recent franchise awards, Stagecoach Group PLC committed parent company support, in this case totalling £165million, which they are obliged to inject into the franchise in circumstances where it doesn’t perform as predicted. We will hold them to that commitment in full.

East Coast Rail Franchise

lord myners: To ask Her Majesty's Government whether the Secretary of State for Transport has issued a ministerial direction on any matters related to the termination of the East Coast rail franchise.

baroness sugg: The Secretary of State for Transport has not given a ministerial direction in this case. Assessments of Value for Money and the efficient use of public funds will be made at the appropriate stage in our standard processes. All decisions will be guided by HMG’s “Managing Public Money” guidance in the usual way.

Pedicabs: Greater London

baroness stowell of beeston: To ask Her Majesty's Government, further to the Written Answer byLord Callanan on 14 September 2017 (HL1408) aboutthe stepsthey intend to take to regulate rickshaws and pedicabs in London, whether they have completed considering the options for regulation.

baroness sugg: We have concluded that there is a need to regulate pedicabs and are investigating a suitable legislative slot to do this.

Public Transport: Antisocial Behaviour

baroness stowell of beeston: To ask Her Majesty's Government what assessment they have made of the steps taken by public transport operators to meet their legal duty to tackle crime and anti-social behaviour on vehicles and at stations and stops, and, in particular, of the display of notices against anti-social behaviour such as litter, putting feet on seats, and the consumption of food and drink.

baroness sugg: The Government is committed to reducing crime, anti-social behaviour and the fear of crime wherever it occurs in the transport system. A wide variety of people and organisations are involved in helping to reduce anti-social behaviour and to deal with it when it occurs. These may be transport operators, local authorities, local police, British Transport Police, Passenger Transport Executives, Transport for London, town centre managers, Crime and Disorder Reduction Partnerships and schools. The transport industry, local authorities, the police and others are already investing in and undertaking wide-ranging initiatives to improve the personal security of public transport passengers and staff and to keep our public transport systems as low crime environments.

Ports: Infrastructure

lord taylor of warwick: To ask Her Majesty's Government what steps they are taking to ensure that the necessary infrastructure at ports is in place before the UK fully leaves the EU.

baroness sugg: The Government is considering carefully the implications of our leaving the EU for operators of transport infrastructure where border functions take place. Assessing infrastructure requirements at ports is part of this work.

M3: Windlesham

lord trefgarne: To ask Her Majesty's Government when they expect Woodlands Lane Bridge over the M3 motorway at Windlesham to re-open.

baroness sugg: Woodlands Bridge, near junction 3 of the M3, has been rebuilt by Highways England as part of the project to upgrade the M3 to a smart motorway. The bridge had been closed to traffic since October 2016 and reopened on Friday 22nd December 2017.

Road Traffic Offences: Mobile Phones

lord trefgarne: To ask Her Majesty's Government whether they propose to clarify the criminal law relating to the use of mobile phones and similar devices by motorists.

baroness sugg: Government imposed tougher penalties last year for the offence of using a hand-held mobile phone while driving, and continues to keep the legislation under review.The Department for Transport is currently consulting on an isolated amendment to the mobile phone offence to permit the use of hand-held and mobile communications devices as a means of performing remote control parking manoeuvres. The Department will consider changes to the regulations and to the Highway Code following that consultation.

Driver Information Systems

lord blencathra: To ask Her Majesty's Government whether they intend to review the criminal law relating to the use by drivers of satellite navigation apps on mobile devices, and to introduce legislation to clarify the law if necessary.

baroness sugg: There is legislation in place which prohibits use of a hand-held mobile phone, and obliges a driver to be in proper control of the vehicle. Provided the phone is fixed in a cradle and in a position that does not obscure the driver’s view of the road, it is lawful for a satellite navigation app to provide information to the driver. The Government is keeping the law under review.

Motor Vehicles: ICT

lord blencathra: To ask Her Majesty's Government whether they intend to review the criminal law relating to the use of all in-car devices which could act as a distraction to drivers, and to introduce legislation to clarify the law if necessary.

baroness sugg: There is legislation in place which prohibits use of a hand-held mobile phone, and obliges a driver to be in proper control of the vehicle. Provided the phone is fixed in a cradle and in a position that does not obscure the driver’s view of the road, it is lawful for a satellite navigation app to provide information to the driver. The Government is keeping the law under review.

Aviation: Safety

lord storey: To ask Her Majesty's Government, further to the Written Answer byBaroness Sugg on 21 December 2017 (HL3983), whether they haveany plans to seek to ensure that there is an agreed international standard brace position for use on standard passenger aircraft.

baroness sugg: The International Civil Aviation Organisation (ICAO) has developed the ‘Manual on Information and Instructions for Passenger Safety’ in order to provide guidance on the safety-related information and instructions that an operator should provide to passengers. This guidance includes instructions for brace position and brace commands. The Government has no plans to seek agreed standards beyond this guidance provided by ICAO and the guidance provided by the European Aviation Safety Agency.

Department for Business, Energy and Industrial Strategy

Financial Reporting Council

baroness bowles of berkhamsted: To ask Her Majesty's Government why companies, pension funds and taxpayer-funded public bodies are served notices by the Financial Reporting Council requesting payment for a charge described as a levy without any accompanying statement that the charge does not have the status of levy or tax, and is not actually required to be paid.

lord henley: The Financial Reporting Council (FRC) is funded through a combination of statutory and voluntary funding arrangements. The FRC consults stakeholders annually on the amounts requested under these arrangements. Requests from the Financial Reporting Council for voluntary payments explain that the payments are non-statutory and voluntary. The Financial Reporting Council also explains to funders that, should the system of voluntary payments prove unsustainable, they would request that the Secretary of State make regulations to put the funding requirements on a statutory basis. The Companies (Audit, Investigations and Community Enterprise) Act 2004 includes provisions to enable this.

Financial Reporting Council

baroness bowles of berkhamsted: To ask Her Majesty's Government whether the opening of an office in Brussels by the Financial Reporting Council for lobbying activity was authorised by the Cabinet Office as required by the restrictions placed on non-departmental public bodies by the rules set by the Cabinet Office; and if so, when.

lord henley: The Financial Reporting Council operates an office in Brussels in order to support its work as the designated competent authority for audit in the UK and on accounting regulation. The then Department for Business, Innovation and Skills was informed of the decision to open the office when it was established. Up until December 2014 the Financial Reporting Council’s status as a public body within central government was pending review by the Office of National Statistics. The Brussels office was established in 2012.

Financial Reporting Council

baroness bowles of berkhamsted: To ask Her Majesty's Government what assessment they have made ofthe extent to which transfers of staff from the Financial Reporting Council to(1) the International Accounting Standards Board, (2) large accounting firms, and (3) other organisations, have complied with the restrictions on appointment of public officials into private sector roles.

lord henley: The Financial Reporting Council (FRC) has an established code of conduct which applies to FRC staff to ensure that conflicts of interest and any other associated threats to independence are managed appropriately. In addition, the FRC applies, on a case-by-case basis measures to ensure that any potential conflicts arising from a proposed departure from the FRC to another organisation are managed. The Government has made no assessment of this policy.

Financial Reporting Council: Public Appointments

baroness bowles of berkhamsted: To ask Her Majesty's Government what assessment they have made of (1) the re-appointment of Sir John Sunderland to the Board of the Financial Reporting Council (FRC) in 2007 following his resignation as a Secretary of State appointment the previous week, (2) the reasons for this occurring, and (3) the transparency of the FRC’s appointment process in this instance.

lord henley: The reappointment of Sir John Sunderland to the Board of the Financial Reporting Council (FRC) in 2007 followed a fair and transparent process. The reappointment was part of wider board restructuring agreed with the then Department for Business, Energy and Regulatory Reform (BERR). The intention of this exercise was to reduce the number of ministerial appointees on the board and enhance the independence of the FRC with regards to the accountancy profession and the Government. I understand BERR reviewed and agreed the processes undertaken by the FRC and the FRC reported to the Department at the conclusion of the process.

Foreign and Commonwealth Office

USA: National Security

lord campbell of pittenweem: To ask Her Majesty's Government what representations they intend to make to the government of the United States following the publication of the US national security strategy on 18 December 2017.

lord ahmad of wimbledon: The US and UK are very close allies and partners, with a uniquely broad and deep security relationship. We engage regularly and at all levels with the US authorities on these issues detailed in the strategy and other foreign policy and security issues vital to the UK's security and prosperity, and will continue to do so.

Bahrain: Capital Punishment

lord hylton: To ask Her Majesty's Government whether they have made any representations to the government of Bahrain regarding (1) the death sentences passed on six civilians by the Supreme Military Court on 25 December 2017, and (2) the failure of the Military Court to consider allegations of torture when trying that case.

lord ahmad of wimbledon: The UK is firmly opposed to the death penalty. It is the Government's longstanding position to oppose capital sentences in all circumstances and countries. We continue to make this clear to the Government of Bahrain and have raised these particular cases at senior levels.

Department of Health and Social Care

Care Homes

baroness mcintosh of pickering: To ask Her Majesty's Government how many residential care beds there were in England in (1) 2005, (2) 2010, and (3) 2015.

lord o'shaughnessy: The total number of beds in care homes remains broadly static but high quality care is not just about care home beds. Of those aged 65 and over who need local authority support, 62% are cared for in their own home. The number of home care agencies in England has increased by 55% since 2010 (3,184 more agencies). The following table shows the number of residential and nursing care home beds in England.  Residential care home bedsNursing care home bedsTotal bedsEnd March 2005271,788179,246451,034End March 2010256,616202,654459,2701 April 2015239,307224,754464,061 Sources: 2005: Commission for Social Care Inspection (excludes 178 non-medical care home beds).2010 onwards: Care Quality Commission (CQC). The 2015 data was calculated from the published CQC Care Directory With Filters which is only available online. Beds in care homes offering both residential and nursing services are treated as nursing beds, as the CQC data does not provide a residential/nursing split within each care home.

Naloxone

lord patel of bradford: To ask Her Majesty's Government, following research by Release in regard to variation in the provision of, and access to, the potentially lifesaving drug naloxone, what assessment they have made of the adequacy of the response from local authorities; and whether they will take action to implement a nationally coordinated and monitored take-home naloxone programme in England.

lord o'shaughnessy: Naloxone has a vital role in saving lives and the Government is committed to widening its use in England. Public Health England has reviewed available research including surveys conducted by the Local Government Association and Release, and will use those findings in supporting local authorities to extend their provision of naloxone. The Government has updated advice and guidance on naloxone as part of its commitment to develop a more consistent and joined up approach to commissioning and delivery in England and will continue to monitor provision in all local areas.

Attorney General

National Fund

baroness hayter of kentish town: To ask Her Majesty's Government what progress they have made in enabling the National Fund charity to make appropriate donations; and whether they intend to apply to the courts for a scheme allowing the Fund to be used for its original purpose.

lord keen of elie: The National Fund was created in 1928 with an initial anonymous donation of £500,000 with the aim of eventually extinguishing the national debt. It has accumulated significant funds through further donations and income over the years, as set out in the chart below. It is currently estimated to be worth over £460 million.The terms of the deed of Trust for the National Fund are such that the Trustees are required to accumulate the net income and profits of the trust fund until the value of the fund along with its accumulated income, when added to the value of any other funds applicable for the same purpose, is sufficient to discharge the entirety of the National Debt. Given the terms of the trust, the money is currently ‘locked’ in the fund.The Attorney General’s Office is working with the Charity Commission and the Fund’s trustees to help resolve this legally complicated matter.

Northern Ireland Office

Independent Reporting Commission

lord lexden: To ask Her Majesty's Government when the Independent Reporting Commission will publish its first annual report.

lord duncan of springbank: The Independent Reporting Commission (IRC), established by the UK and Irish Governments, was legally constituted in August 2017. It is required to report annually on progress towards ending paramilitary activity including the implementation of the relevant measures by the UK and Irish governments and the NI Executive’s action plan. I expect the first annual report to be published prior to August 2018.

Department for Environment, Food and Rural Affairs

Glyphosate

the countess of mar: To ask Her Majesty's Government what assessment they have made of the findings of Defarge et al in Toxicity of formulants and heavy metals in glyphosate-based herbicides and other pesticides published in Toxicology Reports, volume 5, about the use of so-calledinert ingredients in those chemical formulations.

lord gardiner of kimble: The paper by Defarge et al studied the effects of glyphosate (and other active substances) and of a number of other components of pesticide formulations. It concludes that the effects of those other components are greater than the effects of glyphosate and suggests a need to assess the impacts of pesticide products. The current system for regulating pesticides does assess the impacts of both active substances and formulated products. The assessment and decision making for active substances is carried out at EU level; the equivalent process for products takes place nationally. This means that the potential impacts of each product are assessed; it is not assumed that a product is safe simply because the active substances it contains have been approved. The EU is also developing a list of chemicals which will be prohibited from use in pesticide products. The review of glyphosate raised some concerns over the inclusion of POE tallowamines in formulated products. In August 2016, the European Commission therefore instructed Member States to require the removal of these chemicals from glyphosate products. The UK has implemented this requirement. The Commission decided in December 2017 to approve glyphosate for continuing use until December 2022. Following that decision the UK and other Member States will review the product authorisations of all herbicides containing glyphosate. This review will take account of the relevant data on the properties of the products, as well as the properties of glyphosate as the active substance. Product authorisations will only be renewed if the assessment of the scientific evidence concludes that the formulated product will not harm people or pose unacceptable risks to the environment.

Home Office

Undocumented Migrants: Bank Services

lord green of deddington: To ask Her Majesty's Government how many names are on the Home Office’s list of disqualified persons which is shared with Cifas for the purposes of implementation of the responsibilities of banks and building societies under the Immigration Act 2016 to check existing current accounts and inform the Home Office if an account holder is a disqualified person.

baroness williams of trafford: The Immigration Act 2016 bank account measures only apply to disqualified persons. These are known illegal migrants who are liable for removal or deportation from the UK, and the Secretary of State for the Home Department considers that they should be denied access to banking services. The Home Office does not comment on numbers on the disqualified persons list as it is subject to change based on immigration status.The 2016 Act measures came into force on 30 October. As detailed in secondary legislation regulations, banks and building societies are legally required to conduct their first immigration check on all existing personal current accounts in the first calendar quarter of 2018. Under these measures, banks and building societies will be obliged to report any matches to the Home Office.

HM Treasury

Christine Lagarde

lord blencathra: To ask Her Majesty's Government what assessment they have made of the reputational risks associated with hosting an International Monetary Fund event at which Christine Lagarde, who was found guilty in France of criminal negligence in 2016, gave a speech.

lord bates: On 20 December 2017, the International Monetary Fund (IMF)’s Managing Director Christine Lagarde spoke at a Press Conference in HM Treasury after the completion of the IMF’s annual Article IV assessment of the UK economy. She did this in her official capacity as the Managing Director of the IMF.In 2016, the IMF Executive Board issued a statement reaffirming its full confidence in the Managing Director’s ability to continue to effectively carry out her duties. The UK supported this statement.This followed a decision by France’s Cour de Justice de la République that Lagarde’s action were not serious enough to warrant any penalty, nor a criminal record.

Imports: VAT

lord taylor of warwick: To ask Her Majesty's Government what steps they are taking to address concerns about disruptions in cash flows if businesses are required to pay VAT upfront on imports following Brexit.

lord bates: The Chancellor is fully aware of the importance of this issue and will consider this as part of any decision making following EU exit, as set out in the Autumn Budget. The government’s aim is to keep tax and duty processes as close as possible to what they are now.

Financial Services

baroness deech: To ask Her Majesty's Government what assessment they have made of the usefulness of the EU legal concepts of reverse solicitation and indirect clearing arrangements in the event of a no-deal Brexit in financial services.

baroness deech: To ask Her Majesty's Government what legal analysis they have made of the structures that would permit ongoing provision of services from London to EU customers in the event of a no-deal Brexit in financial services.

baroness deech: To ask Her Majesty's Government what assessment they have made of re-shapingUK financial services laws and regulations by, for example, removing parts of the Markets in Financial Instruments Directive II and the Solvency II Directive, with the aim of protecting UK business in the event of a no-deal Brexit in financial services.

baroness deech: To ask Her Majesty's Government what assessment they have made of the value of tax incentives to cushion the transition to a no-deal Brexit in financial services should that occur.

lord bates: The Government is committed to pursuing an ambitious and comprehensive economic partnership with the EU. A no deal outcome is neither desired nor expected. However, a responsible government should prepare for all potential outcomes, including the unlikely scenario in which no mutually satisfactory agreement can be reached. Plans are well developed and have been designed to provide the flexibility to respond to a negotiated agreement, as well as preparing for the unlikely eventuality of leaving without a deal.

Trusts

lord truscott: To ask Her Majesty's Government what plans they have to tackle the use of trust funds (1) to avoid tax, and (2) to claim benefits which would not otherwise be available.

lord bates: HMRC undertake tax compliance activity on trusts in the same way as they do other compliance activity and come down hard where tax avoidance or evasion is discovered. Since 2010 over £160 billion in additional tax revenue has been secured and protected as a result of actions to tackle tax evasion, avoidance and non-compliance. In 2017, HMRC established a register of trusts incurring UK tax consequences, enabling law enforcement authorities to identify beneficial owners of relevant trusts and at the Autumn Budget 2017 the Government announced it will publish a consultation in 2018 on making the taxation of trusts simpler, fairer, and more transparent. Benefit claimants are required to inform the DWP of the income and capital that they possess, or have access to, in order to properly determine their benefit entitlement and the correct amount of payment. The benefit regulations contain provisions that ensure that the claimant is treated as possessing any income or capital which they have deprived themselves in order to get the benefit or a higher payment, whether or not it has been placed in a trust. Final estimates for 2016-17 indicate that 2.0% of benefit expenditure was overpaid due to fraud and error. The Government remains committed to tackling both over and underpayments of benefit. This includes protecting the public purse from those seeking more than their entitlement. The Government will continue to explore the role data matching can play as part of this approach.

Caledonian MacBrayne

lord robertson of port ellen: To ask Her Majesty's Government whether Caledonian MacBrayne registered their sea-going employees in a company registered in Guernsey; and, if so, how much revenue was foregone by HMRC in employer's national insurance contributions.

lord bates: The provision of ferry services in Scotland is a devolved matter, and CalMac Ferries Limited and its subsidiaries are companies wholly owned by the Scottish Government. HMRC cannot comment on the tax affairs of individual taxpayers, as it has a duty to maintain taxpayer confidentiality.

Financial Services: UK Trade with EU

lord taylor of warwick: To ask Her Majesty's Government what steps they are taking to offer reassurance to financial industries regarding their capability to continue to operate in the EU, in the light of comments by Mr Michel Barnier in December 2017 suggesting that UK financial firms would “lose the financial services passport” following Brexit.

lord bates: What our future relationship with the EU will look like is a matter for negotiations. The Government is confident of negotiating a deep and special economic partnership that includes a good deal for financial services. A relationship that avoids the costly and disruptive fragmentation of financial markets is clearly in the EU's best interests, as well as ours.

Cabinet Office

Civil Servants

lord norton of louth: To ask Her Majesty's Government what checks have taken place to ensure that Permanent Secretaries have mechanisms in place to ensure that civil servants who advise Ministers are aware of the constitutional significance of Parliament and of the conventions governing the relationship between Parliament and Her Majesty's Government, as required by section 3(6) of the Constitutional Reform and Governance Act 2010 and embodied in the Civil Service Code.

lord young of cookham: The requirement of section 3(6) of the Constitutional Reform and Governance Act is set out in the Civil Service Code, which forms part of the contract of employment for all civil servants.

Brexit

lord morris of aberavon: To ask Her Majesty's Government, further to the Written Answer by Lord Young of Cookham on 5 December 2017 (HL3493), what significant increase in the decision-making powers for the devolved administrations they are considering; and whether they will retain any of the powers returned from Brussels which are currently vested in the devolved administrations.

lord young of cookham: The Government is working closely with the devolved administrations to determine where common approaches will and will not be required in the future. The Government is clear that none of the existing decision-making powers of the devolved administrations will be taken away and that it expects an increase in the decision making powers for the devolved administrations as a result of this process.

Immigration

lord sharkey: To ask Her Majesty's Government what are the headline figures for net immigration into the UK for each of the last ten years; and what is the margin of error in thousands in each case.

lord sharkey: To ask Her Majesty's Government what mechanisms are used to calculate annual net immigration into the UK; what is the level of confidence in these figures; what attempts are being made to improve their accuracy; and by when they expect any improvements will be made.

lord young of cookham: The information requested falls within the responsibility of the UK Statistics Authority. I have asked the Authority to reply and I will place a copy of their letter in the Library of the House.



UKSA Response 
(PDF Document, 131.32 KB)

Public Consultation

earl attlee: To ask Her Majesty's Government what guidance is made available to Ministers regarding the need to maintain, and appear to maintain, an open mind during Government policy consultations.

lord young of cookham: There is no firm guidance on this matter as each consultation is different; some will make a call for evidence on a topic and others will seek views on the details of a new Government policy. The Consultation Principles (copy attached), which are published on Gov.uk, stress the importance of targeting consultations at a full range of people, businesses and voluntary bodies affected by the policy. The guidance notes that departments should consider targeting specific groups and ensure they are aware of the consultation and can access it.



Consultation Principles 2016 
(PDF Document, 79.88 KB)

Department for International Trade

Overseas Trade: Iran

lord carlile of berriew: To ask Her Majesty's Government whether they intend to make it a precondition of any proposals to increase trade between the UK and Iran that the government of Iran adhere to international human rights standards by allowing peaceful demonstrations and protests against their policies.

baroness fairhead: Her Majesty’s Government supports trade with Iran as a key part of its commitment to the Joint Comprehensive Plan of Action (JCPoA). HMG remains concerned about the human rights situation in Iran and continues to encourage the Iranian government to improve its human rights record.